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  • H4-h1

    Hello~

    Please respond if you have an answer to this,

    If you are in the US on an H4 visa and a H1B petition is approved, will there be an I-94 attached to the I-797.

    My wife's petition has been approved, but I havent got a chance to look at the I797.

    Any help is appreciated.

    Thanks

    Rajesh

  • #2
    Hello~

    My wife's I-797 does have an I-94 attached to it. Hers was a H4-H1 conversion.

    Rajesh

    Comment


    • #3
      Question on H4-H1?

      Hi Rajesh

      Did you have to surrender/submit your wife's H4 visa while applying for her
      H-1?
      Does the H4 status remain after you get H1 or not?

      Thanks,
      Abhay

      Comment


      • #4
        Hi Abhay,

        We dont have to surrender/submit the H4 visa on H1B Petition approval. The I797 comes with an I-94 (if you are in the US) and that takes precedence over the H4 visa I-94. Seniors please correct me if i am wrong here.

        Regarding your second question, I am not sure what happens when H1B is not approved. If H1B visa is approved after interview, they stamp the Old visa (in this case H4) as CANCELLED. You cannot have 2 active US visas stamped on your passport at one time. Please ask the seniors or consult an attorney.

        No Legal Advice

        Rajesh

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